Fitzsimons v. State

1 Citing case

  1. Hill v. State

    358 So. 2d 190 (Fla. Dist. Ct. App. 1978)   Cited 28 times
    In Hill, supra, the Court discussed the difficulties confronting a patient who must prove an absence of mental illness and dangerousness: his confinement hampers his ability to prove that he can exist safely in an unconfined environment, and having previously shown himself to be dangerous, it is "all but impossible for him to prove the negative that he is no longer a menace."

    Without all the links in this chain of reasoning, there may be due process and equal protection objections to denying criminal acquitees the procedural safeguards provided others at the time of commitment. Those objections are obviated by a hearing and an independent determination of the acquitee's mental status and dangerous propensities at the time of commitment. E.g., Fitzsimons v. State, 347 So.2d 1090 (Fla. 2d DCA 1977); People v. Lally, 19 N.Y.2d 27, 277 N.Y.S.2d 654, 224 N.E.2d 87 (1966). We are not concerned here with procedural requirements and substantive standards for initial commitment of acquitees in Florida, nor with potential due process and equal protection objections voiced by acquitees at that time.